A recent article examines the impact of the McNulty Memorandum on a corporation's support of "culpable" employees during a corporate fraud investigation. The Department of Justice can decide which employees are "culpable" even before a determination of guilt. The McNulty Memorandum prohibits prosecutors from giving cooperation credit to a corporation for cutting off the payment of legal fees to executives or employees. However, the government may penalize corporations for other types of support, such as continued employment without sanctions for misconduct or information sharing pursuant to a joint defense agreement. See Will the Government Punish You for Standing by Your Employees? by R. Christopher Cook, Jones Day Publications, March, 2007. Also see our prior post: Justice Dept New Rules for Corporate Fraud Prosecutions.